The National Contact Points help find solutions to specific issues that arise in specific cases of the applying the OECD Guidelines. They conduct their work in a manner that is visible, transparent, accessible, accountable, impartial and fair, predictable and in accordance with the OECD Guidelines.

Complaints procedures before the NCP

The NCP has established a complaints procedure that is used to foster agreement on contentious issues in a dialogue-based and consensual manner.

Complaints can be launched by natural and legal persons, trade unions and NGOs which can show that they have a legitimate interest in a matter (form: Complaint to the German National Contact Point About an Alleged Violation of the OECD Guidelines for Multinational Enterprises (PDF, 202 KB)).

The multinational company against which the complaint is launched is then given the opportunity to comment.

The NCP carries out an initial evaluation to determine which complaints it accepts for in-depth examination. In cases where the NCP accepts the complaint, it offers its good offices, meaning dialogue and mediation procedures to the parties involved. Under this procedure, the NCP conducts talks with the parties involved, with the aim of reaching a solution that is acceptable to both sides. If an agreement is reached, the NCP publishes a report that concludes the procedure. If no agreement is reached, the NCP publishes a final statement on the procedure. It can issue recommendations on how to implement the OECD Guidelines.

The grievance mechanism for which the OECD Guidelines provide serves the implementation of the UN Guiding Principles on Business and Human Rights. With the National Action Plan Implementation of the UN Guiding Principles on Business and Human Rights (2016-2020), the NCP was closely linked with the instruments promoting foreign trade and investment. Since then, the constructive participation in a complaint procedure has been taken into account when granting certain foreign trade and investment support measures (export credit guarantees, investment guarantees, untied financial loans). If companies fail to deal with allegations under the Guidelines, this can lead to the denial of future trade and investment support measures. A company’s constructive participation in the complaint procedure can also be taken into account when companies are selected for participation in official visits by the Ministry of Economic Affairs and Climate Action’s leadership.

A company’s constructive participation in an NCP-complaint process can also be considered in the selection of companies that are given the opportunity to take part in official visits undertaken by the Minister or the State Secretaries.

The details of the complaints procedure are set out in the Procedural Guidelines of the German National Contact Point for the OECD Guidelines for Multinational Enterprises at the Federal Ministry for Economic Affairs and Climate Action (PDF, 576 KB).